SENATE
Amended 3rd Reading
May 6, 2005 SENATE
Amended 2nd Reading
May 5, 2005 HOUSE
3rd Reading Unamended
April 15, 2005 HOUSE
Amended 2nd Reading
April 14, 2005First Regular Session
Sixty-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 05-0440.01 Michael Dohr HOUSE BILL 05-1014
HOUSE SPONSORSHIP
Carroll T.
SENATE SPONSORSHIP
Grossman
House Committees
Senate Committees
Judiciary
Judiciary
Appropriations
Appropriations
A BILL FOR AN ACT
Concerning substantive changes to strengthen the state
criminal law.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
For purposes of the definition of restitution, adds costs incurred as
a result of a drug lab clean-up. For purposes of the definition of falsely
completing a written instrument in the fraud statutes, removes language
that makes it a question of law as to whether information used in
completing a written instrument is material. Criminalizes making a
credible threat to cause bodily injury with a deadly weapon or death to a
person the actor believes to be a student, school official, or employee of
an education institution or an invitee on the premises of an educational
institution. Adds 2 hallucinogenic substances to schedule I narcotics.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 18-1.3-602 (3), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
18-1.3-602. Definitions. As used in this part 6, unless the context
otherwise requires:
(3) (c) (I) "Restitution" shall also include all costs
incurred by a government agency or private entity to:
(A) Remove, clean up, or remediate a place used to
manufacture, or attempt to manufacture, a controlled
substance, or which contains a controlled substance, or which
contains chemicals, supplies or equipment used, or intended to
be used, in the manufacturing of a controlled substance; or
(B) Store, preserve, or test evidence of a controlled
substance violation.
(II) Costs under this paragraph (c) shall include, but are
not limited to, overtime wages for peace officers or other
government employees, the operating expenses for any
equipment utilized, and the costs of any property designed for
one-time use, such as protective clothing.
SECTION 2. 18-1.3-602 (4) (a), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
18-1.3-602. Definitions. As used in this part 6, unless the context
otherwise requires:
(4) (a) "Victim" means any person aggrieved by the conduct of an
offender and includes but is not limited to the following:
(VI) Any person who had to expend resources for the
purposes described in subparagraph (I) of paragraph (c) of
subsection (3) of this section.
SECTION 3. 18-5-101 (3) (b), Colorado Revised Statutes, is
amended to read:
18-5-101. Definitions. As used in sections 18-5-101 to 18-5-110,
unless the context otherwise requires:
(3) To "falsely complete" a written instrument means:
(b) To transform an incomplete written instrument into a complete
one by adding or inserting materially false information or adding or
inserting a materially false statement. A materially false statement is a
false assertion that affects the action, conduct, or decision of the person
who receives or is intended to receive the asserted information in a
manner that directly or indirectly benefits the person making the
assertion. Whether information or a statement is material is a question of
law.
SECTION 4. 18-9-109 (5), Colorado Revised Statutes, is
amended, and the said 18-9-109 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
18-9-109. Interference with staff, faculty, or students of
educational institutions. (5) Any person who violates any of the
provisions of this section, except subsection (6) of this section,
commits a class 3 misdemeanor.
(6) (a) A person shall not knowingly make or convey to
another person a credible threat to cause death or to cause
bodily injury with a deadly weapon against:
(I) A person the actor knows or believes to be a student,
school official, or employee of an educational institution; or
(II) An invitee who is on the premises of an educational
institution.
(b) For purposes of this subsection (6), "credible threat"
means a threat or physical action that would cause a
reasonable person to be in fear of bodily injury with a deadly
weapon or death.
(c) A person who violates this subsection (6) commits a
class 1 misdemeanor.
SECTION 5. 18-9-121, Colorado Revised Statutes, is amended
to read:
18-9-121. Bias-motivated crimes. (1) The general assembly
hereby finds and declares that it is the right of every person, regardless of
race, color, ancestry, religion, or national origin, physical or mental
disability, or sexual orientation, to be secure and protected from
fear, intimidation, harassment, and physical harm caused by the activities
of individuals and groups. The general assembly further finds that the
advocacy of unlawful acts against persons or groups because of a person's
or group's race, color, ancestry, religion, or national origin, physical or
mental disability, or sexual orientation, for the purpose of inciting
and provoking bodily injury or damage to property, poses a threat to
public order and safety and should be subject to criminal sanctions.
(2) A person commits ethnic intimidation a bias-motivated
crime if, with the intent to intimidate or harass another person because
of that person's actual or perceived race, color, religion, ancestry, or
national origin, physical or mental disability, or sexual
orientation, he or she:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in fear
of imminent lawless action directed at that person or that person's
property and such words or conduct are likely to produce bodily injury to
that person or damage to that person's property; or
(c) Knowingly causes damage to or destruction of the property of
another person.
(3) Ethnic intimidation Commission of a bias-motivated crime
as described in paragraph (b) or (c) of subsection (2) of this section is a
class 1 misdemeanor. Ethnic intimidation Commission of a
bias-motivated crime as described in paragraph (a) of subsection (2)
of this section is a class 5 felony; except that ethnic intimidation
commission of a bias-motivated crime as described in said paragraph
(a) is a class 4 felony if the offender is physically aided or abetted by one
or more other persons during the commission of the offense.
(3.5) (a) In determining the sentence for a first-time
offender convicted of a bias-motivated crime, the court shall
consider the following alternatives, which shall be in addition
to and not in lieu of any other sentence received by the
offender:
(I) Sentencing the offender to pay for and complete a
period of useful community service intended to benefit the
public and enhance the offender's understanding of the impact
of the offense upon the victim;
(II) At the request of the victim, referring the case to a
restorative justice or other suitable alternative dispute
resolution program established in the judicial district pursuant
to section 13-22-313, C.R.S.
(b) In considering whether to impose the alternatives
described in paragraph (a) of this subsection (3.5), the court
shall consider the criminal history of the offender, the impact
of the offense on the victim, the availability of the
alternatives, and the nature of the offense. Nothing in this
section shall be construed to require the court to impose the
alternatives specified in paragraph (a) of this subsection (3.5).
(4) The criminal penalty provided in this section for ethnic
intimidation commission of a bias-motivated crime does not preclude
the victim of such action from seeking any other remedies otherwise
available under law.
(5) For purposes of this section:
(a) "Physical or mental disability" refers to a disability
as used in the definition of the term "person with a disability" in
section 18-6.5-102 (3).
(b) "Sexual orientation" means a person's actual or
perceived orientation toward heterosexuality, homosexuality,
bisexuality, or transgender status.
SECTION 6. 24-4.1-302 (1) (cc.3), Colorado Revised Statutes,
is amended to read:
24-4.1-302. Definitions. As used in this part 3, and for no other
purpose, including the expansion of the rights of any defendant:
(1) "Crime" means any of the following offenses as defined by the
statutes of the state of Colorado, whether committed by an adult or a
juvenile:
(cc.3) Ethnic intimidation A bias-motivated crime, in violation
of section 18-9-121, C.R.S.;
SECTION 7. 18-18-203 (2) (c), Colorado Revised Statutes, is
amended BY THE ADDITION OF THE FOLLOWING NEW
SUBPARAGRAPHS to read:
18-18-203. Schedule I. (2) Unless specifically excepted by
Colorado or federal law or Colorado or federal regulation or more
specifically included in another schedule, the following controlled
substances are listed in schedule I:
(c) Any material, compound, mixture, or preparation containing any
quantity of the following hallucinogenic substances, including any salts,
isomers, and salts of isomers of them that are theoretically possible within
the specific chemical designation:
(IV.5) 5-methoxy-N, N-diisopropyltryptamine
(5-MeO-DiPT);
(VIII.5) Alpha-methyltryptamine (AMT);
SECTION 8. Exception to the requirements of section 2-2-703,
Colorado Revised Statutes. The general assembly hereby finds that the
amendments to section 18-9-121, Colorado Revised Statutes, enacted in
this act will result in the minor fiscal impact of one additional offender
being convicted and sentenced to the department of corrections during the
five years following passage of this act. Because of the relative
insignificance of this degree of fiscal impact, these amendments are an
exception to the five-year appropriation requirements specified in section
2-2-703, Colorado Revised Statutes.
SECTION 9. Exception to the requirements of section 2-2-703,
Colorado Revised Statutes. The general assembly hereby finds that the
amendments to section 18-18-203, Colorado Revised Statutes, enacted in
this act will result in the minor fiscal impact of one additional offender
being convicted and sentenced to the department of corrections during the
five years following passage of this act. Because of the relative
insignificance of this degree of fiscal impact, these amendments are an
exception to the five-year appropriation requirements specified in section
2-2-703, Colorado Revised Statutes.
SECTION 10. No appropriation. The general assembly has
determined that this act can be implemented within existing
appropriations, and therefore no separate appropriation of state moneys
is necessary to carry out the purposes of this act.
SECTION 11. Effective date - applicability. This act shall take
effect July 1, 2005, and shall apply to offenses committed on or after said
date; except that section 7 of this act shall take effect on July 1, 2006.
SECTION 12. Safety clause. The general assembly hereby
finds, determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.